The idea of the prosecution in the law of evidence (compared study)
Journal of college of Law for Legal and Political Sciences,
2014, Volume 3, Issue 11, Pages 61-115
AbstractEach suit of two elements consist, first is the reality element, and the second is an element of law and the rule that proves the opponents in front of him, The liabilities are to prove the fact, this is the place of proof, which bear the burden done either law, the judge was spending his knowledge, he imposed the flag law, but of duty by virtue of his job that the law applies to the dispute before it, and he cannot refrain from arguing that the lack of a legal rule applied otherwise it commits the crime of denial of justice.
The fact that the judge knows the law is a common source of expression, which the judge is saying a lot, "the lawyer . Navigate my professor to learn the facts court of law, who is also" a source of the most forward of expression, "Give me actually give you the law.
Some scholars have met between fact and law in terms of the place of proof, and where to submit to the control of the Court of Cassation, the fact which is evidenced by opponents, the judge is not subject to the appreciation of the control the Court of Cassation, the law which applied by the judge with his knowledge, it is subject to the application of the control of this Court.
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